JAKARTA - The General Prosecutor (JPU) of the Attorney General's Office still believes that the President Commissioner of PT Trada Alam Minera Heru Hidayat deserves the death penalty even though the panel of judges handed down a null verdict against Heru.
"The judge decided that the sentence was nil on the grounds that the defendant had already been sentenced to life in the Jiwasraya case. Of course, this is different from what we asked for on the previous occasion with the death penalty," said Public Prosecutor Wagiyo at the Jakarta Corruption Crime Court (Tipikor), quoted by Antara, Tuesday. , January 18th.
The panel of judges at the Tipikor Court sentenced Heru Hidayat to nil plus the obligation to pay a replacement fee of Rp. 12,643 trillion less the assets that had been confiscated and if not paid, Heru's assets would be confiscated to pay the replacement money.
Regarding this matter, the Attorney General's Office stated that he had thought about it for 7 days.
"We are given time to think about it and we will use this to the maximum to consider what our position will be in the next 7 days. So we will discuss and wait for a complete decision to determine our attitude in this matter," said Wagiyo.
Wagiyo also emphasized that the panel of judges agreed to sentence Article 2 paragraph (1) in conjunction with Article 18 of the Anti-Corruption Law in conjunction with Article 55 paragraph 1 of the Criminal Code and the second charge of violating Article 3 of Law No. 8 of 2010 concerning the Prevention and Eradication of the Crime of Money Laundering.
In fact, the Public Prosecutor demanded that Heru Hidayat be sentenced to death.
"In our criminal charges, we have explained that Article 2 paragraph 2 is a weighting, not an element. So the aggravating circumstances, if we indict the elements of a criminal act of corruption, are there aggravating circumstances? we make a death claim," said Wagiyo.
He also assessed that the aggravating circumstances had been described in detail.
"So what earlier said in the plea that there was an abuse of power, is not true. That we are making demands based on evidence and considerations that are so mature, not only normative but also philosophical, we propose in court. We are also look at developments in society, not carelessly," said Wagiyo.
He emphasized that there was no reason for the Public Prosecutor to deviate from power.
The panel of judges also decided to return a number of items confiscated by Heru Hidayat.
"One of the judge's considerations that it should be confiscated one month after the verdict, we don't have that opinion, of course there are differences of opinion. We think that at the first opportunity we secured it in the context of paying replacement money so it was included in it," said Wagiyo.
Meanwhile, Heru Hidayat's attorney, Aldres Napitupulu said the judge agreed with his client's defense.
"Regarding whether the case material is proven or not proven, we have different opinions with the judge, yes, maybe we will file a legal action, maybe, yes, depending on our client's request," said Aldres.
Regarding confiscated items that must be returned, Aldres said these items should not be confiscated.
"Because what was obtained has nothing to do with the criminal act that was indicted, it can only be seen from the time of its acquisition. They feel that maybe they are right, but in this court it can be proven if the judge has seen that the acquisition was long before the crime that was charged," said Aldres.
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